DISCRIMINATION AGAINST PERSONS WITH DISABILITIES (PROHIBITION) ACT, 2018

EXP ANARORY MEMORANDUM

This Act provides for the full integration of persons with disabilities into the society and establishes the National Commission for Persons with Disabilities and vests the Commission with the responsibilities for their education,

health care, social, economic and civil rights.

DISCRIMINATION AGAINST PERSONS WITH DISABILITIES (PROlllBITION) ACT, 2018

Arrangement of Sections

Section:

PART I - PROIIlBITION OF DISCRIMINATION, AND AWARENESS PROGRAMMES

1. Prohibition of discrimination and penalty. 2. Awareness programmes.

PART II - ACCESSIBILITY OF PHYSICAL STRUCTURE

3. Right of access to public premises. 4. Accessibility aids in public building. 5. Accessibility to roads, side-walk and special facilities. 6. Transitory Period. 7. Building plan.

8. Complaint of inaccessibility.

PART III-ROAD TRANSPORTATION

9. Goods, services and facilities. 10. Accessibility of vehicles. 11. Provision of facilities to persons with disabilities. 12. Reserved spaces.

PART IV-SEAPORTS, RAILWAYS AND AIRPORT FACILITIES

13. Seaports and railways. 14. Assistive service and airline. 15. Special safety briefing of persons with disabilities.

PART V -LIBERTY, RIGHTS TO EDUCATION, HEALTH AND FIRST CONSIDERATION IN QUEUES, ACCOMODA TION AND IN EMERGENCIES

16. Prohibition of use of persons with disabilities in soliciting for alms and penalty. 17. Right to free education. 18. Inclusiveness of education. 19. Subsidised education for special education personnel. 20. Appropriate mode of education for persons with disabilities. 21. Free healthcare. 22. Certificate of disability. 23. Unlawful procurement of certificate of disability.

24. Provision of special communication at hospitals. 25. Situation of risk and humanitarian emergencies. 26. Service at queues. 27. Accommodation.

PART VI - OPPORTUNITY FOR EMPLOYMENT AND PARTICIPATION IN POLITICS AND PUBLIC LIFE

28. Equal right to work. 29. Opportunity for employment. 30. Participation in politics.

PART VII - ESTABLISHMENT OF THE NATIOANL COMMISSION FOR PERSONS WITH

DISABILITES

31. Establishment ofNational Commission for Persons with Disabilities. 32. Establishment of membership of the Governing Council. 33. Proceedings of the Council.

34. Tenure of office. 35. Cessation of office. 36. Allowances of members. 3 7. Powers of the Council. 38. Functions of the Commission. 39. Powers of the Commission.

PART VIII - APPOINTMENT AND DUTIES OF THE EXECUTIVE SECRETARY AND

OTHER STAFF

40. Appointment and duties of the Executive Secretary of the Commission. 41. Staff of the Commission and their remuneration. 42. Appointment and secondment from public service. 43. The structure of the Commission. 44. Pension and gratuity. 45. Funds of the Commission. 46. Power to accept gifts. 47. Power to borrovr. 48. Annual estimate and expenditure. 49. Audit. 50. Annual report. 51. Power to acquire land.

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DISCRIMINATION AGAINST PERSONS WITH DISABILITIES (PROHIBITION) ACT, 2018

A Bill

For

An Act to provide for the fuJI integration of persons with disabilities into the society, establish the National Commission for People with Disabilities and vest in the Commission the responsibilities for their education, health care, social, economic and civil rights; and for related matters.

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ENACTED by the National Assembly of the Federal Republic ofNigeria-

PART I - PROHIBITION OF DISCRIMINATION, AND AWARENESS PROGRAMMES

(I) A person with disability shall not be discriminated against on the ground of his disability

by any person or institution in any manner or circumstance.

(2) A person who contravenes subsection (1 ), commits an offence and is liable on conviction

to, if the person is -

(a) a body corporate, a fine ofNl,000,000; and

(b) an individual, a fine ofNl00,000 or six months imprisonment or both.

(3) Notwithstanding the prosecution, conviction or otherwise of any person for any offence

under this Act, the person against whom the crime or wrong is committed may maintain

a civil action against the person conunitting the offence or causing the injury, without

prejudice to any conviction or acquittal.

The Federal Ministry of Information shall make provisions for promotion of awareness

regarding the -

(a) rights, respect and dignity of persons with disabilities; and

(b) capabilities, achievements and contributions of persons with

disabilities to the society.

Commencement.

Prohibition of discrimination and penalty.

Awareness programmes.

PART II -ACCESSIBILTY OF PHYSICAL STRUCTURE

3. A person with disability has the right to access the physical environment and buildings on an Right of access

equal basis with others. to public premises.

4.

5.

6.

A public building shall be constructed with the necessary accessibility aids such as lifts (where necessary), ramps and any other facility that shall make them accessible to and usable

by persons with disabilities.

Road side-walks, pedestrian crossings and all other special facilities as set out in the First

Schedule made for public use shall be made accessible to and usable by persons with

disabilities including those on wheelchairs and the visually impaired.

From the date of the commencement of this Act, there shall be a transitory period of five

years within which all public buildings and structures, whether immovable, movable or automobile, which were inaccessible to persons with disabilities shall be modified to be

accessible to and usable by persons with disabilities including those on wheelchairs.

Accessibility aids in public building.

Accessibility to roads side-walks and special facilities.

First Schedule.

Transitory Period.

7. (1) Before erecting any public structure, its plan shall be scrutinised by the relevant authority Building plan.

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to ensure that the plan conforms with the building code.

(2) A government or government agency, body or individual responsible for the approval of

building plans shall not approve the plan of a public building if the plan does not make

provision for accessibility facilities in line with the building code.

(3) An officer who approves or directs the approval of a building plan that contravenes the building code, commits an offence and is liable on conviction to a fine of at least

Nl,000,000 or a term of imprisonment of two years or both.

(1) Subject to section 7, in the event of the existence of a state of inaccessibility or barrier to access of a person with disability to an environment that he has a right or duty to access, he may, without prejudice to his right to seek redress in court, notify the relevant authority

in charge of the environment of the existence of the state of inaccessibility or barrier to accessibility of the environment, and the relevant authority in charge shall take immediate and necessary steps to remove the barrier and make the environment accessible to the

person with disabili~.

(2) A relevant authority in charge that receives the notice in subsection (I) but fails to comply,

commits an offence and is liable on conviction, if it is-

( a) a corporate body, Nl0,000 damages payable to the affected

person for each day of default; or

Complaint of inaccessibility.

PART II - ACCESSIBILTY OF PHYSICAL STRUCTURE

3. A person with disability has the right to access the physical environment and buildings on an Right of access

equal basis with others. to public premises.

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5.

6.

A public building shall be constructed with the necessary accessibility aids such as lifts

(where necessary), ramps and any other facility that shall make them accessible to and usable by persons with disabilities.

Road side-walks, pedestrian crossings and all other special facilities as set out in the First

Schedule made for public use shall be made accessible to and usable by persons with disabilities including those on wheelchairs and the visually impaired.

From the date of the commencement of this Act, there shall be a transitory period of five

years within which all public buildings and structures, whether immovable, movable or automobile, which were inaccessible to persons with disabilities shall be modified to be accessible to and usable by persons with disabilities including those on wheelchairs.

Accessibility aids in public building.

Accessibility to roads side-walks and special facilities.

First Schedule.

Transitory Period.

7. (1) Before erecting any public structure, its plan shall be scrutinised by the relevant authority Building plan.

to ensure that the plan conforms with the building code.

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(2) A government or government agency, body or individual responsible for the approval of

building plans shall not approve the plan of a public building if the plan does not make

provision for accessibility facilities in line with the building code.

(3) An officer who approves or directs the approval of a building plan that contravenes the

building code, commits an offence and is liable on conviction to a fine of at least N I ,000,000 or a term of imprisonment of two years or both.

(1) Subject to section 7, in the event of the existence of a state of inaccessibility or barrier to access of a person with disability to an environment that he has a right or duty to access,

he may, without prejudice to his right to seek redress in court, notify the relevant authority in charge of the environment of the existence of the state of inaccessibility or barrier to accessibility of the environment, and the relevant authority in charge shall take immediate and necessary steps to remove the barrier and make the environment accessible to the person with disability.

(2) A relevant authority in charge that receives the notice in subsection (1) but fails to comply, commits an offence and is liable on conviction, if it is-

( a) a corporate body, Nl0,000 damages payable to the affected

person for each day of default; or

Complaint of inaccessibility.

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(b) an individual, N5,000 damages payable to the affected person each day of default or six months imprisonment or both.

PART III- ROAD TRANSPORTATION

( 1) A person, who whether for payment or not, provides goods or services, or makes facilities available, shall not discriminate against another person with disability by-

(a) refusing to provide those goods or services or make those facilities available to him;

(b) the terms or conditions on which the provider provides those goods or serYices or makes those facilities available to him; or

( c) the maruier in which the provider provides those goods or services or makes those facilities available to him.

(1) Government transport services providers shall make provisions for lifts, ramps and other

accessibility aids to enhance the accessibility of their vehicles, parks and bus stop to persons with disabilities including those on wheel chairs.

(2) Every public vehicle shall have functional audible and visual display of their destination within five years from the commencement of this Act.

(1) Transport service providers shall make provisions for lifts, ramps and other accessibility aids to enhance the accessibility of their vehicles, parks and bus stops to persons with disabilities including those on wheelchairs.

(2) Lifts, ramps and all other accessibility equipment in or for vehicles, and at parks or bus stops shall be maintained in operational condition.

(3) There shall be regular and frequent maintenance of all accessibility aids and equipment, and defective ones shall be promptly repaired or replaced.

( 4) Before a person with disability boards or alights from a vehicle, the driver shall ensure that the vehicle comes to a stop.

(5) When a person with disability intends to board a vehicle, all other intending passengers shall wait for him to board before them.

G-Oods, services and facilities.

Accessibility of vehicles.

Provision of facilities to persons with disabilities.

12. (1) At public parking lots, suitable spaces shall be properly marked and reserved for persons Reserved spaces.

with disabilities.

(2) For a person with disability to be entitled to the use of the reserved space in subsection (1 ), his car shall have been properly identified with the necessary insignia.

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(3) A person, organisation or corporate body in control of a public parking lot who fails to

provide for the reserved spaces in subsection (1 ), commits an offence and is liable on conviction to a fine ofNl, 000 for each day of default.

(4) A person without disability who parks a vehicle in the reserved space in subsection (1), commits an offence and is liable on conviction to a fine ofN5,000.

(5) A person who intentionally obstructs the reserved space in subsection (1) commits an offence and is liable on conviction to a fine ofN5,000.

(6) Subsection (4) does not apply if a person with disability is a passenger in the vehicle.

PART IV - SEAPORTS, RAILWAYS AND AIRPORT FACILITIES

13. (1) Seaports facilities and vessels shall be made accessible to persons with disabilities.

(2) Railway stations, trains and facilities in the trains shall be made accessible to persons with disabilities.

(3) The transitory provision contained in section 6 shall apply to the provisions of this section.

14. (1) All airlines operating in Nigeria shall -

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(a) ensure the accessibility of their aircraft to persons with disabilities;

(b) make available presentable and functional wheelchairs for the conveyance of persons with disabilities who need them to and from the aircraft;

(c) ensure that persons with disabilities are assisted to get on and off board in safety and reasonable comfort; and

( d) ensure that persons with disabilities are accorded priority while boarding and disembarking from the aircraft.

(2) All airports shall make available for the conveyance of persons with disabilities who need presentable and functional assistive and protective devices to and from the aircraft.

Any general information shall be translated into the accessible format appropriate to the person with disability present.

Seaponsand railways.

Assistive service and airline.

Special safety briefing of person with disabilities.

PART V - LIBERTY, RIGHT TO EDUCATION, HEALTH AND FIRST CONSIDERATION IN QUEUES, ACCOMODATION AND IN EMERGENCIES

16. (1) A person shall not -

(a) employ, use or involve a person with disability in begging;

(b) parade persons with disabilities in public with intention of soliciting for alms; or

( c) use condition of disability as a guise for the purpose of begging in public.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine ofNlOO, 000 or a tenn of six months imprisonment or both.

Prohibition of use of persons with disabilities in soliciting for alms and penalty.

17. (1) A person with disability shall have an unfettered right to education without discrimination Right to free education. or segregation in any form.

(2) A person Vyith disability is entitled to free education to secondary school level.

(3) The Commission shall provide educational assistive devices.

18. (1) All public schools, whether primary, secondary or tertiary shall be run to be inclusive of Inclusiveness of education. and accessible to persons with disabilities, accordingly every school shall have-

( a) at least a trained personnel to cater for the educational development of persons ,:vith disabilities; and

(b) special facilities for the effective education of persons with disabilities.

(2) Braille, sign language and other skills for communicating \\<1th persons with disabilities shall fonn part of the curricula of primary, secondary and tertiary institutions.

19. The education of special education personnel shall be highly subsidised.

20. Government shall ensure that the education of persons with disabilities, particularly children, who are blind, deaf or with multiple disabilities, is delivered in the most appropriate language, mode and means of communication for the individual, and in environments which maximise academic and social development.

Subsidised education for special education persoMel.

Appropriate mode of education for persont with disabilities.

21. (1) Government shall guarantee that persons with disabilities have unfettered access to Free healthcare.

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adequate health care without discrimination on the basis of disability.

(2) A person with mental disability shall be entitled to free medical and health service in all

public institutions.

(l) A person with mental disability shall obtain a Permanent Certificate of Disability from Certificate of Disability.

the Commission.

(2) If a doctor suspects disability in the course of treatment of a person who before was not a

person with disability, the doctor may with the approval of the Commission, issue a

Temporary Certificate of Disability which shall last for not longer than 180 days.

(3) If the state of disability persists beyond 180 days, the Commission on the recommendation

of a doctor, shall issue the person a Permanent Certificate of Disability which shall last

for as long as the state of the disability persists.

(4) A person issued with a Permanent Certificate of Disability is entitled to all rights and

privileges under this Act.

A person who unlawfully issues or obtains a Certificate of Disability, commits an offence

and is liable on conviction to a fine of N200,000 or imprisonment for a term of one year or

both.

A public hospital where a person with communicational disabilities is medically attended to

shall make provision for special communication .

In all situations of risk, violence, emergencies and the occurrences of natural disasters, the Government shall take all necessary steps to ensure the safety and protection of persons with

disabilities taking cognisance of their peculiar vulnerability.

(1) In queues, persons with disabilities shall be given first consideration and, as much as possible, be attended to outside the queue.

(2) A person who contravenes this section commits an offence and is liable on conviction to

a fine ofNS0,000.00 or a tenn of six months imprisonment or both.

Unlawful procurement of certificate of disability.

Provision of special communication at hospitals.

Situation of risk and humanitarian emergencies.

Service at queues.

27. If accommodation is being provided by schools for their students, employers for their Accommodation.

employees, service providers for their customers, organisations for their members, government for the people and in any other circumstance whatsoever, persons with disabilities shall be given first consideration.

28.

PART VI-OPPORTUNITY FOR EMPLOYMENT AND PARTICIPATION IN POLITICS AND PUBLIC LIFE

(1) A person with disability has the right to work on an equal basis with others and this

includes the right to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open.

(2) A person who contravenes subsection (I), commits an offence and is liable on conviction

to nominal damages of a minimum of N250,000 payable to the affected person with disability.

(3) Where a company contravenes subsection (1) -

(a) the company commits an offence and is liable to nominal

damages of a minimum of N500,000 payable to the affected person with disability; and

(b) any principal officer of the company involved in the violation is liable to NS0,000 damages payable to the affected person with disability.

Equal right to work.

29. All employers of labour in public organisations shall, as much as possible, have persons with Opportunity for

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disabilities constituting nt least 5% of their employment. employment

( 1) Persons with disabilities shall be encouraged to fully participate in politics and public life.

(2) Government shall actively promote an environment in which persons with disabilities can effectively and fully participate in-

( a) the conduct of public affairs without discrimination;

(b) non-governmental organisations and associations concerned with the public and political life of the country; and

( c) activities and administration of political parties.

PART VII - ESTABLISHMENT OF THE NATIONAL COMMISSION FOR PERSONS WITH DISABILITIES

Participation in politics.

(1) There is established the National Commission for Persons with Disabilities (in this Act Establishment of National referred to as "the Commission") to be placed under the Presidency. Commission for persons with disabilities.

(2) The Commission-

( a) is a body corporate with-

(i) perpetual succession,

(ii) a common seal; and

(b) may sue and be sued in its corporate name; and

(c) may acquire, hold and dispose of property, movable or immovable.

(3) The head office of the Commission shall be in the Federal Capital Territory, Abuja.

32. (1) There is established a Governing Council for the Commission (in this Act referred to as Establishment

the "the Council") which shall conduct the affairs of the Commission. :C~;:~:: (2) The Council shall consist of -

(a) a part ti.me chairman;

(b) one person with disability from each geopolitical zone;

(c) a representative each from the Federal Ministry of -

(i) Education,

(ii) Health,

(iii) Sports,

(iv) Women Affairs,

(v) Housing,

(vi) Transport,

(vii) Environment,

(viii) Labour and Productivity,

(ix) Justice, and

(ix) Finance; and

( d) a representative each from the National Human Rights Commission and the National Planning Commission.

Council.

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(3) The Chairman of the Council and one representative each from the 6 geo-political zones, shall be appointed by the President subject to the confirmation of the Senate.

The supplementary provisions set out in the Second Schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters contained in the Schedule.

The Chainnan and members of the Council shall each hold office-

(a) for a term of four years and may be re-appointed for a further term of four years and no more; and

(b) on such terms and conditions as may be specified in their letters of appointment.

· 35. (1) A person ceases to hold office as a member of the Council ifhe­

(a) becomes bankrupt, or compounds with his creditors;

(b) is convicted of a felony or any offence involving dishonesty or fraud;

( c) is disqualified of his professional qualification;

( d) is guilty of a serious misconduct in relation to his duties; or

(e) resigns his appointment by a letter addressed to the President.

(2) If a member of the Council ceases to hold office for any reason whatsoever before the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the C0tmcil for the unexpired term.

(3) A member of the Council shall be removed by the President on the recommendation of the Council if he is satisfied that it is not in the interest of the Commission or the public that the member continues in that office.

Proceedings of the Council.

Second Schedule.

Tenure of office.

Cessation of office.

36. Members of the Council shall be paid allowances and expenses as the Government may direct Allowances of members.

37. The Council shall have power to-

(a) manage and superintend over the affairs of the Commission;

(b) make rules and regulations for the effective running of the Commission;

Power of the Council.

39.

(j) establish and promote inclusive schools, vocational and rehabilitation centres for the development of persons with disabilities;

(k) liaise with the public and private sectors and other bodies to ensure that the peculiar interests of persons with disabilities are taken into consideration in every govenunent policy, programme and activity;

(I) issue insignia of identification with persons with disabilities;

(m) in collabonition with other relevant government agencies and professional bodies in the building industry, enforce compliance

of public buildings codes and impose necessary sanctions and make appropriate orders;

(n) receive complaints of persons with disabilities on the violation of their rights;

( o) support an individual's right to seek redress in court, investigation, prosecution or sanctioning, in appropriate cases, the violation of the provision of this Act;

(p) ensure research, development and education on disability issues and disabled persons;

( q) collaborate with the media to make information available in accessible format for persons with disabilities; and

(r) procure assistive devices for all disability types.

(1) The Commission shall have power to do any lawful thing, which will facilitate carrying out of its functions and in particular may-

(a) enter into contract for the education and welfare of persons with disabilities;

(b) purchase or acquire any assets, business or property considered necessary for the proper conduct of its functions;

( c) sell, let, lease or dispose of any of its property;

Powers of the Commission.

( d) undertake or sponsor research where necessary for the performance of its functions; and

(e) train managerial, technical or other category of staff for the purpose of running the affairs of the Commission.

(2) The power conferreci on the Commission may be exercised by it or through any of its employees or agent authorised in that behalf by the Commission.

(3) The Commission shall not be subject to a direction, control or suspension by any other authority or person in the performance of its functions under this Act except the President.

PART VIII -APPOINTMENT AND DUTIES OF THE EXECUTIVE SECRETARY AND OTHER STAFF

· 40. (1) There shall be an Executive Secretary for the Commission who shall -

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(a) have such qualification and experience as appropriate for a person required to perform the functions of that office;

(b) be a person with disability; and

( c) be responsible to the Council for the execution of the policies and administration of the daily affairs of the Commission.

The Council shall appoint for the Commission such number of employees as may, in the opinion of the Council, be expedient and necessary for the proper and efficient perfonnance of the functions of the Commission.

(1) The Council may appoint for the Commission, either directly or by secondment from any Public Service of the Federation, such number of employees as may, in the opinion of the Council, be required to assist the Commission in the performance of any of its functions under this Act.

(2) The person seconded under this section, may elect to be transferred to the service of the Commission, and any previous service the person may have rendered in the Public Service shall count as service to the Commission for the purpose of any pension subsequently payable by the Commission.

There shall be established, in the head office of the Commission, such departments as may be deemed necessary for the effective and efficient functioning of the Commission.

Appointment and duties of the Executive Secretary of the Commission.

Staff of the commission and their remuneration.

Appointment and secondment from public service.

Structure of the Commission.

44. The staff of the Commission are entitled to pension) gratuity, and any other retirement benefit in accordance with the Pension Reform Act.

Pension and gratuity.

ActNo.4, 2014.

4 5. (1) The Commission shall establish and maintain a fund into which shall be paid and credited Funds of the

46.

(a) all subventions and budgetary allocations from the Federal Government of Nigeria; and

(b) such money as may be granted to the Commission by anybody or institution within or outside Nigeria.

(2) The Commission shall defray all expenditures incurred by it including -

(a) cost of administration;

(b) payment of salaries, fees, or other remuneration, allowances, pensions and gratuities payable to members and employees of the Commission; and

( c) anything done in connection with any of its functions.

(3) The Council shall cause the account of the Commission to be audited quarterly and shall be externally audited once every year.

(I) The Commission may accept gift of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift, provided such terms and conditions are not inconsistent with any prevailing law.

(2) The Commission shall not accept any gift if the conditions attached are inconsistent with the functions of the Commission under this Act.

Commission.

Power to accept gifts.

47. The Commission may borrow such money as it may require to execute or complete some Powerto borrow.

special projects of the Commission.

48. (1) The Commission shall - Annual estimate and expenditure.

(a) cause to be kept accounts and records of transaction and affairs of the Commission; and

(b) ensure that all payments out of its Fund are correctly made and properly authorised.

(2) The Commission shall ensure that adequate control is maintained over the assets of, or in the custody of, the Commission and over its incurring of liabilities.

49. (1) The Auditor-General for the Federation shall - Audit

(a) inspect and audit the account and records of financial

transactions of the Commission;

(b) inspect records relating to assets of the Commission; and

( c) draw the attention of the Secretary to the Government of the Federation to any irregularities disclosed by the inspection and

audit.

(2) The Auditor-General for the Federation may dispense with all or any part of detailed

inspection and audit of any account or record referred to in subsection (1).

(3) The auditor or an officer authorised by him is entitled at all reasonable time to a full and free access to all account records, documents and papers of the Commission relating

directly or indirectly to the receipt or payment of money by the Commission or to the

acquisition received, custody or disposal of assets by the Commission.

50. The Commission shall submit - Annual report.

(a) an annual report of its activities to the office of the Secretary to

the Government of the Federation not later than 30th June of

each financial year; and

(b) a copy of its audited accounts and a copy of the annual report to

the National Assembly.

51. The Commission may, subject to the Land Use Act, acquire any land for the purpose of Power to acquire

performing its functions. land.

52.

PART IX - MISCELLANEOUS PROVISIONS

A notice, summons or other documents required or authorised to be served upon the Commission under the provisions of this Act, any other law or enactment may be served by

delivering it to the Executive Secretary or by sending it by registered post and addressing it

to the Executive Secretary at the head office of the Commission.

Cap. L5, LFN, 2004.

Service of documents.

53. Any such money which may be the judgment of any court awarded against the Commission Paymentof judgment debt.

shall be paid from the Fund of the Commission.

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55.

A member of the Council, the Executive Secretary, any officer or employee of the Commission shall be indemnified against any proceeding, whether civil or criminal, in which judgement is given in his favour or in which is acquitted, if any such proceeding is brought against him in his capacity as a member of the Council, the Executive Secretary, officer or the employee of the Commission.

(1) To be entitled to the damages specifically provided in this Act, it shall be sufficient for a plaintiff or claimant, as the case may be, in a court proceeding to prove the violation of the relevant section of this Act without specific proof of damages.

(2) Nothing in this Act shall prevent a court from accessing and awarding general and special damages in addition to the normal damages provided for in this Act.

Indemnity of officers.

Waivers of proof of special damages.

56. The Council may make regulations for the purpose of carrying out or giving full effect to the Regulations.

provisions of this Act.

57.

PART X - INTERPRETATION

In this Act-

"accessibility aid" includes any fixture and device that aids accessibility;

"accommodation" in the context of housing, includes residential or business accommodation;

"assistive device" means any device that assists, increases or improves the functional capabilities of persons with disabilities;

"Commission" means National Commission for People with Disabilities established under this Act;

"commission agent" means the person who does work for the Commission as its agent and who is remunerated, whether in whole or in part by the Commission;

"disabled" means having a disability;

"disability" includes long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder full and effective participation in society on equal basis with others;

"discrimination" means differential treatment and its verbs and infinite form, discriminate, to discriminate have the corresponding signification;

"document" includes any book register or other record of information, however compiled, record or stored;

Interpretation.

"educational authority" means a body of persons administering an education institution;

"educational institution" means a school college, university or other institution at which

education or training is provided;

"employee" includes applicant or prospective employee, commission agent, contract worker, independent contractor, or person applying to the commission agent, contract worker or

independent contractor;

"employer" includes prospective employer, principal and a person who engages or proposes

to engage a commission agent, contract worker or independent contractor;

"employer oflabour" means employer as interpreted by the Employee's Compensation Act

No. 13, 2010;

"function" includes duty;

"govenunent employee" means a person who is appointed, employed or engaged in the public service of, or by a public authority of the Federation, a State, the Federal Capital Territory or

a local government, or holds an administrative office;

"person" includes natural, artificial, juristic or judicial persons, companies, enterprises finns, organisations, association, government departments, ministries, parastatals;

"person with disabilities" means-

( a) a person who has received Temporary or Permanent Certificate of Disability to have condition which is expected to continue permanently or for a considerable length of time which can reasonably be expected to limit the person's functional ability substantially, but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, rising, and includes any related function or any limitation due to weakness or significantly decreased endurance so that he cannot perform bis everyday routine, living and working without significantly increased hardship and vulnerability to everyday obstacles and

hazards; and

(b) a person with long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder their full and effective participation in society on equal basis with

others;

"premises" includes a structure, building, aircraft, vehicle, train or vessel; a place (whether enclosed or built on or not) and a part of premises;

"President" means President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria;

"public building" means a building owned or used by government or government agency or a building available for the use of members of the public;

"relative" in relation to a person, means a person who is related to the first mentioned person

by blood, marriage affinity or adoption;

"special communication" means special means (including sign language augmentative and alternative communication) of communicating with person with speech or hearing disability;

"special facilities" means any provision whether movable or immovable that enhances easy access and enjoyment in public buildings by persons with disabilities significantly decreased endurance so that he cannot perform his everyday routine, living and working without

significantly increased hardship and vulnerability to everyday obstacles and hazards;

"state" means each of the State of the Federation, and includes the Federal Capital Territory;

"student" in relation to an education institution, includes a candidate or applicant for

admission into that educational institution;

"undue hardship" means significant difficulty or expense, when considered in light of such

factors as-

(a) the nature and cost of the accommodation needed to take care of a disabled person's special needs;

(b) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation and the nwnber of persons employed at such facility;

(c) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the facility;

( d) the overall finances of the person or organisation having to deal with person with disability, with the overall size of his or its business with respect to the number of its employees, the nwnber, type, and location of its facilities; and

( e) the type of operation or operations of such person or organisation, including the composition, structure and function

of his or its workforce; the geographic, separateness, administrative, or fiscal relationship of the facility or facilities in question to such person or organisation.

58. This Act may be cited as the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018.

Citation.

First Schedule

Special Facilities

Section 5

1. Wheel chairs, clear floors or ground space on wheel chairs, wheel chair passage and turning space

2. Crutches, guide canes etc

3. Hearing Aid

4. Curb ramps

5. Ramps

6. Handrails, grab bars

7. Stain-shopping stairs

8. Elevators or Lifts

9. Windows

10. Entrance doors

11. Drinking fountains and water coolers

12. Toilet facilities

13. Door protective and re-opening devices manoeuvring entrances at doors

14. Parking spaces and passenger loading zones

15. Accessible routes including walk ways, halls, windows, aisles and spaces

16. Alarm -

(a) audible alarms;

(b) visual alarms; and

( c) auxiliary alarms

Second Schedule Section 33

SUPPLEMENTARY PROVIS10NS RELATING TO TIIE COUNCIL

Proceedings of the Council

1. (1) Subiect to this Act and section 27 of the Interpretation Act, the Council may make standing c 123 LFN J ap. ' '

orders regulating its proceedings or those of any of its Committees. 2004.

(2) The quorum of the Council shall be the Chairman or the person presiding at the meeting and five other members of the Council, one of whom shall be an ex-officio member, and the quorum of any committee of the Council shall be as determined by the Council.

2. (1) The Council shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by at least eight other members, he shall summon a meeting of the Council to be held within 14 days from the date on which the notice was given.

(2) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him to the Council for such period as it deems fit, but a person who is in attendance by virtue of this paragraph is not entitled to vote at any meeting of the Council and shall not count towards a quorum.

3. ( l) The Council may set up one or more committees to perform, on behalf of the Council, such functions as the Council may determine.

(2) A committee set up under paragraph (1) shall consider such number of persons as may be detennined by the Council and a person shall hold office in the Committee in accordance with the terms of his appointment.

(3) A decision of a committee of the Council is ofno effect until it is confirmed by the Council.

4. (1) The affixing of the seal of the Commission shall be authenticated by the signatures of the Chairman, Executive Secretary or any other member of the Cow1cil generally or specifically authorised by the Council to act for that purpose.

(2) A contract or instrwnent, which if made or executed by any person not being a body corporate would not be required to be under seal, may be executed on behalf of the Commission by the Executive Secretary or any person generally authorised by the Council to act for that purpose.

(3) A document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.

5. The validity of any proceeding of the Council or Committee shall not be adversely affected by a

First Schedule

Special Facilities

Section 5

1. Wheel chairs, clear floors or ground space on wheel chairs, wheel chair passage and turning space

2. Crutches, guide canes etc

3. Hearing Aid

4. Curb ramps

5. Ramps

6. Handrails, grab bars

7. Stain-shopping stairs

8. Elevators or Lifts

9. Windows

10. Entrance doors

11. Drinking fountains and water coolers

12.Toilet facilities

13. Door protective and re-opening devices manoeuvring entrances at doors

14. Parking spaces and passenger loading zones

15. Accessible routes including walk ways, halls, windows, aisles and spaces

16. Alarm-

(a) audible alarms;

(b) visual alarms; and

( c) auxiliary alarms

(a) vacancy in the membership of the Council or Committee;

(b) defect in the appointment of a member of the Council or Committee; or

( c) reason that a person not entitled to do so took part in the proceedings of the Council or Committee.

FORM! Section 38 (m)

COMPLIANCE ORDER

Notice has been taken of the fact that your Programme is not inclusive of Disabilities Issues.

In particular: ................... .. ......... .. ...... . .. ............ ..... ...... .

This contravenes section 38 of Discrimination against Persons with Disabilities (Prohibition) Ac~ you are hereby ordered to immediately comply with the Act.

Take note that if, after three months from receipt of this order, you still remain in default, your operational licence shall be withdrawn.

Signed

FORM2 Section 22 (1)

CERTIFICATE OF PERMANENT DISABILITY

11tis is to certify that ............. .. ........................................ of ..... ................................... was examined by me .......... . ........... on this day of .................. and found to be permanently incapacitated.

Signed

CERTIFICATE OF TEMPORARY DISABILITY Section 22 (2)

This is to certify that .................... .... ... ............................ of

....... .. ... ....................... . was examined by me ..... .... ........ on this day of . .. . . .. .. .. . . . . .. . and found to be temporarily incapacitated.

Signed